Trademark registration is the procedure to protect the brand name. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application. If any deficiency is noted on the trademark application, the Examiner would mark the application as Formalities Check Fail and send a notice of rectification to the applicant to rectify the deficiency within 30 days with the prescribed government fees. If there is no deficiency found by the trademark examiner, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.
Hence, in cases where in the Trade Mark Registrar marks the application as Formalities Check Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.
Hence, in cases where in the Trade Mark Registrar marks the application as Formalities Check Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.
